Upper Iowa Policy and State Law

Upper Iowa Policy

General Philosophy:

Upper Iowa University is committed to creating a drug free environment that promotes the intellectual, social, emotional, spiritual or ethical, and physical well-being of its community members. This commitment includes encouraging and reinforcing healthy, responsible living and respect for campus standards and regulations, and adherence to community laws.

Members of the University community who are legal age (21 or older) are expected to make responsible decisions about the use of alcohol and to assume full responsibility for their personal conduct and actions.

In consideration of state and local laws, the possession and use of alcohol by underage persons is prohibited on University property.

Drugs – In consideration of federal, state and local laws, the possession, use or sale of illicit drugs or possession of drug paraphernalia is prohibited on any University campus.

Students of legal age living in the residence halls can consume alcoholic beverages inside their rooms on a personal basis. The student choosing to consume alcoholic beverages shall do so with care and in a responsible manner.

Open containers of any kind containing alcoholic beverages are not permitted outside the student’s room, including, but not limited to, all common areas of the residence hall.

Students of legal age are not permitted to give alcohol to any student not of legal age (under 21).

Iowa Law

In general, state laws prohibit:

Consuming, possessing or purchasing an alcoholic beverage if you are under 21 (Minor in Possession or “MIP”)

Consuming or possessing an alcoholic beverage in a public place

Possessing an open or unsealed container in a motor vehicle (when the container is within the immediate reach of the driver)

Possession of an open or unsealed alcoholic beverage by a passenger in the passenger area of a motor vehicle (Exceptions apply to taxis, limousines and motor homes)

Public intoxication

Pretending to be intoxicated

Giving or selling an alcoholic beverage to someone under age 21

Giving or selling an alcoholic beverage to anyone who is intoxicated

Lending your driver’s license to someone or knowingly permitting someone else to use it

Each of the above violations is a simple misdemeanor offense punishable by up to 30 days imprisonment, a fine of at least $50.00 but not more than $500.00, or both. For certain offenses, mandatory fines and periods of driver’s license suspension apply.

Retail Outlets/Liquor Licensees

If an employee of a licensed liquor establishment or a alcohol retail outlet serves a minor, the employee and the establishment are each fined $1,500.00. This penalty applies to anyone who knowingly or by failing to exercise reasonable care, provided alcohol to a minor.

Social Hosts: Providing Alcohol to a Minor

An individual over age 21 who gives, sells or supplies an alcoholic beverage to a person under the legal age commits a serious misdemeanor and is subject to a fine of between $500.00 and $1,500.00 and may also be sentenced to up to one year of jail time. If injury results from the actions of an intoxicated minor, the individual who provided the alcohol commits an aggravated misdemeanor and is subject to two years imprisonment and a fine of between $500.00 and $5,000.00. If death results from having furnished alcohol, the offense is a Class D felony punishable by up to five years imprisonment.

“Fake I.D.”

Anyone under the age of 21 who alters, displays or possesses a fictitious or fraudulently altered license and uses it to purchase alcohol can lose their driver’s license for up to 6 months. This offense is also a simple misdemeanor.

Operating While Intoxicated (OWI)

Under state law, it is illegal to operate a motor vehicle while under the influence of drugs or alcohol. This means driving with a blood alcohol concentration of .08 or greater or driving while under the influence of another drug, such as marijuana or certain prescription medications.

A person convicted of a first offense OWI can be fined up to $1,250.00 and can be placed in county jail for up to one year. However, at the court’s discretion, up to $625.00 of this fine may be waived if there was no personal injury or property damage. The minimum jail time is 48 hours. For a second offense, the individual will be confined for a minimum of seven days and fined not less than $1,875.00 and not more than $6,250.00 For a third or subsequent OWI conviction (a Class D Felony), the individual will be imprisoned between thirty days and five years and will be assessed a fine of not less than $3,125.00 and not more than $9,375.00.

In addition to fines and jail time, those convicted for OWI forfeit their driving privileges for a minimum of 180 days (The revocation period is even greater if the individual refuses the blood alcohol test OR has previous OWI convictions.) In the past, OWI violators could obtain work or school permits even though their license had been revoked. With recent legislative changes, there is now a “hard suspension” period, during which time, no temporary licenses are granted. After the hard suspension period has passed, a work or school permit will only be granted after an ignition interlock device is installed on each of the person’s vehicles. This device connects to an automobile’s ignition system and prevents the vehicle from being started if the intended driver has been drinking.

Second offense - Simple misdemeanor punishable by a fine of $500.00. In addition, the violator must choose to either complete a substance abuse evaluation or have their driver's license suspended for up to one year.

Third (and subsequent) offenses -Simple misdemeanor punishable by a fine of $500.00 AND driver's license suspension for up to one year.

To learn more information about Iowa’s alcohol and other drug laws, please click here. In the chapter/section field, type in “124” for Controlled Substances, or “123” for Alcohol laws, and then click submit for complete listings.